Garrison Johnson v. Cate et al

Filing 32

FINDINGS and RECOMMENDATIONS Recommending Action be Dismissed for Failure to State a Claim re 25 Amended Prisoner Civil Rights Complaint, signed by Magistrate Judge Dennis L. Beck on 9/10/12. Referred to Judge O'Neill. Objections, If Any, Due Within Fourteen Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GARRISON S. JOHNSON,

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Plaintiff,

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v.

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FINDINGS AND RECOMMENDATIONS
RECOMMENDING ACTION BE
DISMISSED FOR FAILURE TO STATE A
CLAIM

MATTHEW CATE, et al.,

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Case No. 1:10-cv-01918-LJO-DLB PC

Defendants.

ECF No. 25
OBJECTIONS, IF ANY, DUE WITHIN
FOURTEEN DAYS

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Findings and Recommendations

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I.

Background

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Plaintiff Garrison S. Johnson (“Plaintiff’) is a prisoner in the custody of the California

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Department of Corrections and Rehabilitation (“CDCR”). Plaintiff is proceeding pro se in this civil

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action pursuant to 42 U.S.C. § 1983. On October 14, 2010, Plaintiff initiated this action by filing his

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complaint. ECF No. 1. On May 4, 2011, the Court screened Plaintiff’s complaint and directed

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service against Defendants Matthew Cate and Kelly Harrington. On July 18, 2011, Defendants filed

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a motion to dismiss for failure to state a claim. On January 11, 2012, Defendants’ motion was

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granted. Plaintiff was granted leave to file a First Amended Complaint. On February 6, 2012,

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Plaintiff filed his First Amended Complaint. ECF No. 25. The amended complaint is before the

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Court for screening.
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The Court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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Court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).
A complaint must contain “a short and plain statement of the claim showing that the pleader

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is entitled to relief . . . .” Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but

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“[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements,

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do not suffice.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (citing Bell Atl. Corp. v. Twombly, 550

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U.S. 544, 555 (2007)). Plaintiff must set forth “sufficient factual matter, accepted as true, to ‘state a

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claim to relief that is plausible on its face.’” Id. (quoting Twombly, 550 U.S. at 570). While factual

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allegations are accepted as true, legal conclusions are not. Id.

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II.

Summary of First Amended Complaint
Plaintiff was incarcerated at Kern Valley State Prison (“KVSP”) in Delano, California, where

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the events giving rise to this action occurred. Plaintiff names as Defendants Matthew Cate, director

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of CDCR, and Kelly Harrington, warden of KVSP.

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Plaintiff alleges the following. Defendants Cate and Harrington instituted a policy or

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practice of not allowing Plaintiff, an African American, to participate in the voting process of

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Mexican and Caucasian prisoners to the inmate advisory council (“IAC”) as housing unit

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representatives. Plaintiff alleges that on November 23, 2009,1 Plaintiff participated in the election of

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an African American prisoner as an IAC representative for C5-housing unit. Only African American

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inmates were allowed to vote for the African American prisoner IAC representative.

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Defendants were aware that KVSP had a policy of racial segregation and discrimination of

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voting for IAC housing unit representatives. Defendants were aware that KVSP inmates established

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self-imposed politics which discouraged inmates from voting outside of their race for IAC

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representatives, and that Defendants failed to correct these issues, subjecting Plaintiff to racial

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discrimination.

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Plaintiff’s amended complaint lists the date as “November 22, 229.” This appears to be error.

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Plaintiff alleges a violation of the Equal Protection Clause of the Fourteenth Amendment.

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Plaintiff requests as relief compensatory and punitive damages, and injunctive relief, ordering CDCR

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to cease its policy of allowing inmates’ self-imposed politics to discourage inmates from voting

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outside of their racial groups.

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III.

Analysis

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The Equal Protection Clause requires that persons who are similarly situated be treated alike.

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City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 439 (1985). “Prisoners are protected

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under the Equal Protection Clause of the Fourteenth Amendment from invidious discrimination

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based on race.” Wolff v. McDonnell, 418 U.S. 539, 556 (1974) (citation omitted).

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To state a claim under 42 U.S.C. § 1983 for a violation of the Equal Protection Clause of the

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Fourteenth Amendment a plaintiff must show that the defendant acted with an intent or purpose to

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discriminate against the plaintiff based upon his membership in a protected class. Thornton v. City

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of St. Helens, 425 F.3d 1158, 1166 (9th Cir. 2005). The plaintiff must demonstrate that he was

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intentionally treated differently from others similarly situated. Thornton, 425 F.3d at 1167.

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Any race-based classification imposed by the government violates the Equal Protection

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Clause of the Fourteenth Amendment, unless the government can show that the classification is

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narrowly tailored and it furthers a compelling government interest. Johnson v. California, 543 U.S.

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499, 505 (2005). To meet this standard, defendants must show that reasonable minds could not differ

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regarding the necessity of the racial classification in response to the subject prison disturbance and is

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the least restrictive alternative, i.e., is narrowly tailored to achieve legitimate prison goals.

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Richardson v. Runnels, 594 F.3d 666, 671 (9th Cir. 2010).

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Plaintiff fails to state a claim against Defendants Cate and Harrington. Defendants violate

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the Equal Protection Clause when they discriminate against prisoners based on his membership in a

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protected class. However, based on Plaintiff’s allegations, it is prisoners who discourage other

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prisoners from voting for IAC representatives of other races. Plaintiff fails to allege facts which

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demonstrate that Defendants acted with an intent or purpose to discriminate against Plaintiff based

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on his race. Plaintiff alleges only that Defendants failed to stop prisoners from imposing these

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policies. Defendants are not the cause of the racial voting policies. See Johnson, 543 U.S. at 505
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(equal protection applicable when racial classification imposed by government).

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Plaintiff had previously been provided an opportunity to amend his complaint. The Court

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finds that further leave to amend should not be granted.

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IV.

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Conclusion and Recommendation
Based on the foregoing, it is HEREBY RECOMMENDED that this action be dismissed with

prejudice for failure to state a claim upon which relief may be granted.
These Findings and Recommendations will be submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen (14) days

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after being served with these Findings and Recommendations, the parties may file written objections

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with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings and

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Recommendations.” A party may respond to another party’s objections by filing a response within

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fourteen (14) days after being served with a copy of that party’s objections. The parties are advised

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that failure to file objections within the specified time may waive the right to appeal the District

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Court’s order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991).1

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IT IS SO ORDERED.
Dated:

/s/ Dennis

September 10, 2012

L. Beck

UNITED STATES MAGISTRATE JUDGE

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DEAC_Signature-END:

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